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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IMAGE BEYOND IMAGINATION (Trade Mark: Opposition) [2007] UKIntelP o27907 (24 September 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o27907.html Cite as: [2007] UKIntelP o27907 |
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For the whole decision click here: o27907
Result
Section 5(2)(b): Opposition Successful
Points Of Interest
Summary
The opposition was based on the opponents’ CTM, IMAGE AND BEYOND , in Classes 9, 35, 38 and 41. The Hearing Officer described the applied for specification as “cryptic in terms of meaning”, and was forced to rely reluctantly on the judgement of a French court in parallel opposition proceedings. This appeared to confirm that identical goods were involved. He found the marks to be “similar to a significant, but not the highest degree”. Overall, he found a likelihood of confusion and the opposition succeeded accordingly.